Adjustment of Status for Spouses of U.S. Citizens
If you're married to a U.S. citizen and currently living in the United States, you may be eligible to apply for a green card through a process called adjustment of status. This pathway allows eligible foreign nationals to become lawful permanent residents without having to leave the country.
What Is Adjustment of Status?
Adjustment of status (often called “AOS”) is the process that allows certain individuals already in the United States to apply for lawful permanent residence (a green card) without returning to their home country for consular processing. For spouses of U.S. citizens, this is often the most straightforward path to permanent residence.
To qualify for adjustment of status as the spouse of a U.S. citizen, you generally must meet these requirements:
Valid Marriage. You must be legally married to a U.S. citizen. Common-law marriages are recognized only if valid in the jurisdiction where they were established.
Lawful Entry. You must have entered the United States lawfully.
Admissibility. You must not have factors that make you inadmissible to the United States, such as certain criminal convictions, immigration violations, or health-related issues. Some grounds of inadmissibility can be waived.
Bona Fide Marriage. You must prove that your marriage is genuine and not entered into solely for immigration benefits.
One of the biggest benefits for spouses of U.S. citizens is that they are considered “immediate relatives.” This means there is no waiting period for a visa number, and you can file all forms at the same time (“concurrent filing”).
The Application Process
Applying for adjustment of status requires submitting several forms and supporting documents to the USCIS. While the process is document-intensive, understanding each component helps ensure your application is complete and accurate from the start.
Form I-130 (Petition for Alien Relative): Your U.S. citizen spouse files this petition to establish the family relationship. This form can be filed concurrently with your adjustment application (Form I-485).
Form I-485 (Application to Register Permanent Residence): This is your green card application. It includes detailed information about your background, immigration history, and eligibility.
Form I-864 (Affidavit of Support): Your U.S. citizen spouse must demonstrate sufficient income to support you at 125% of the federal poverty guidelines. This financial sponsorship is a critical component of your application. For a detailed explanation of Form I-864 requirements and what to expect, read our comprehensive guide on the Affidavit of Support.
Form I-765 (Employment Authorization): You can apply for a work permit at the same time as your green card application or while your green card application is pending. This allows you to work legally in the United States during the waiting period.
Form I-131 (Advance Parole): This application allows you to travel outside the United States while your case is pending without abandoning your application.
Medical Examination: You must complete a medical examination by a USCIS-approved civil surgeon and submit it with your application.
Supporting Documentation: You need to provide extensive documentation including birth certificates, passport copies, marriage certificate, proof of your spouse’s citizenship, financial documents, and evidence of a genuine marriage (joint bank accounts, lease agreements, photos together, etc.).
What Happens After Filing?
Once USCIS receives your application, you will receive a receipt notice confirming they have received your case. Approximately 3 to 6 weeks after submission, USCIS will schedule you for a biometrics appointment. At this appointment, they will collect your fingerprints, photograph, and signature for background and security checks. After your biometrics are processed, USCIS will review your application.
In many cases, you and your spouse will be scheduled for an in-person interview at your local USCIS field office, though not all adjustment of status cases require an interview. The likelihood of an interview is quite high for marriage-based green card applications.
The Interview
If USCIS schedules an interview, both you and your spouse must attend together. During this interview, an immigration officer will ask questions about your relationship, marriage, and background to verify that your marriage is legitimate and that you meet all eligibility requirements.
Be prepared to answer questions about how you met, your daily routines, family members, and future plans. The officer may also ask questions separately to ensure your answers are consistent. Bring original copies of all documents you submitted with your application, as the officer may want to review them.
Processing Times and Costs
USCIS filing fees change periodically, so it is important to check the current fee schedule on the USCIS website before submitting your application. The main fees are the USCIS filing fees for Forms I-130, I-485, I-765 and I-131.
Beyond USCIS filing fees, you should budget for additional costs including the medical examination (which varies by civil surgeon but typically ranges from $300 to $800), certified translations of any foreign language documents, and potentially attorney fees if you choose legal representation. Processing times for adjustment of status applications typically range from 6 to 15 months, though this can vary depending on your local USCIS field office and individual case circumstances.
Benefits of Adjustment of Status
Adjusting status while remaining in the United States offers several advantages over consular processing abroad. You can stay with your spouse and family throughout the process, apply for work authorization and travel permission while your case is pending, and avoid the uncertainty of processing at a U.S. consulate overseas.
Why Legal Guidance Matters
While the adjustment of status process may seem straightforward, immigration law is complex and even small mistakes can result in delays, denials, or worse consequences. An experienced immigration attorney can review your eligibility, ensure all forms are completed correctly, help gather and organize supporting documentation, prepare you for your interview, and address any complications or inadmissibility issues.
Take the Next Step
If you are married to a U.S. citizen and want to obtain your green card, adjustment of status may be the right option for you. Every case is unique, and having professional legal guidance can make the difference between a smooth process and a stressful ordeal. Contact our firm today to schedule a consultation and learn more about how we can help you navigate the adjustment of status process and achieve your immigration goals. You can reach out by filling out the form on the Contact page or by clicking Book Now to schedule your free consultation.
Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. The information contained here is current as of the date of publication, but immigration laws, regulations, and procedures are subject to change. Every immigration case involves unique facts and circumstances that may affect the requirements and strategies discussed here. This content should not be relied upon as a substitute for consultation with a qualified immigration attorney who can evaluate your specific situation and provide personalized legal advice. No attorney-client relationship is created by reading this blog post or by contacting our office through this website. For specific guidance regarding your I-864 Affidavit of Support or adjustment of status application, please schedule a consultation with our office or another qualified immigration attorney. The outcomes of immigration cases can vary significantly based on individual circumstances, and past results do not guarantee future outcomes.
